Wrongful death claims in Colorado are a crucial aspect of the state’s legal system, allowing families and loved ones to seek justice and compensation for the untimely loss of a family member due to another party’s negligence or intentional act. This complex area of law requires careful navigation to understand the eligibility, process, and potential outcomes of a wrongful death lawsuit. Baker Law Group is committed to providing compassionate and comprehensive legal guidance to those affected by such profound losses.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought forward when an individual’s death is the result of another party’s negligence, recklessness, or intentional wrongdoing. In Colorado, these claims serve as a means for the deceased’s survivors to obtain compensation for their loss, including lost wages, funeral expenses, and loss of companionship.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law stipulates that the right to file a wrongful death lawsuit is reserved for certain family members of the deceased. During the first year following the death, the spouse has the exclusive right to file a claim. If the deceased was unmarried, or starting in the second year after the death, the deceased’s children or, if there are no children, the deceased’s parents may file the claim.
Statute of Limitations for Wrongful Death Claims
In Colorado, wrongful death claims must be filed within a specific timeframe, known as the statute of limitations. Generally, the statute of limitations for wrongful death actions is two years from the date of death. If the death was the result of vehicular homicide, then the statute of limitations extends to four years. Failing to file within this period can result in the loss of the right to seek compensation.
Damages in a Wrongful Death Claim
The damages awarded in a wrongful death claim in Colorado can be economic or non-economic. Economic damages may include medical expenses incurred before death, funeral and burial costs, and loss of the deceased’s expected earnings. Non-economic damages might cover pain and suffering, emotional distress, and loss of companionship or consortium. Colorado law caps the amount of non-economic damages that can be awarded in these cases.
The Role of Negligence in Wrongful Death Claims
To succeed in a wrongful death claim in Colorado, the plaintiff must prove that the defendant’s negligence or wrongful act caused the death of their loved one. Proving negligence involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death, resulting in damages. Negligence is not the only path to recovery for wrongful death, but it is the most common in cases where the death was accidental.
Navigating Wrongful Death Claims with Baker Law Group
Baker Law Group understands the profound impact of losing a loved one due to another’s negligence or wrongdoing.
Our team is dedicated to offering empathetic, thorough, and skilled legal representation to navigate the complexities of wrongful death claims in Colorado. We work diligently to ensure that our clients receive the justice and compensation they deserve.
Losing a loved one is an unimaginably difficult experience, especially when it’s due to someone else’s negligence. During such a trying time, pursuing legal action might feel overwhelming, but you don’t have to navigate this journey alone.
Baker Law Group’s seasoned Colorado insurance litigation attorneys are here to provide the support, guidance, and expertise you need. Our attorneys are committed to helping you achieve the justice and compensation your family deserves. If you’re facing the challenge of a wrongful death claim, contact Baker Law Group today to discuss how we can assist you through this difficult time.
